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Board upholds rear-stairs repair permit at 1231 York Street amid neighbor disputes over unpermitted work
Summary
After testimony from a neighbor alleging years of unpermitted alterations, the Board of Appeals denied the appeal against a May 23 stair-repair permit for 1231 York Street, finding the stair permit code-compliant while urging DBI to investigate broader complaints separately.
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The San Francisco Board of Appeals on July 27, 2011 denied an appeal by Michael Roby challenging a Department of Building Inspection permit issued May 23 for repair of rear stairs at 1231 York Street.
Appellant counsel Bill Weisberg and resident Michael Roby told the board they believe the property owner repeatedly performed work without permits, asked the board to require DBI to inspect the property comprehensively, and sought enforceable remedies including removal or redesign of a property-line window that Roby said now provides access to his roof. “What we have here is a property owner ... who consistently performs work at her property without acquiring permits as required by law,” Weisberg said.
Permit-holder representative Susan Lee and DBI inspector Joe Duffy said the rear-stair permit was a routine repair permit (less than 50% replacement) issued to address safety issues and that DBI records show many past complaints were investigated and abated; a 2007 window permit had been completed but a system error made it appear expired until DBI corrected the record.
Tenants occupying the top-floor unit testified the stairs were unsafe and supported the repair. DBI said the stair work should proceed and that most prior complaints had been handled; the department noted the active complaint involved the rear stairs only and invited new complaints if other unpermitted work is suspected so inspectors can investigate.
After discussion about neighbor relations, safety, and DBI resources, the board voted 5-0 to deny the appeal and uphold the stair-repair permit as code-compliant. Commissioners suggested nonbinding remedies such as neighborhood mediation and encouraged parties to document alleged unpermitted work for DBI to investigate separately.
